Chapter 6 - The Anatomy of a Foreclosure

The legal notice that appeared on the front door of the house on Old Mill Road on the second Tuesday of August was not printed on paper.
It was printed on high-visibility neon-orange cardstock, six inches by nine inches, secured to the solid-pine doorframe by four heavy-gauge industrial staples that had been driven through the wood with a pneumatic tacker.
NOTICE OF FORECLOSURE AND JUDICIAL SALE
WAKE COUNTY SUPERIOR COURT — FILE NO. 24-CVS-08119
The lender, Desert Sun Financial, had not waited for the ninety-day statutory cure period.
Under the accelerated default provisions of the Arizona note, the discovery of a fraudulent jurat on the remainder joinder constituted an immediate, incurable event of default, triggering the total balance of ninety-six thousand, four hundred and twenty dollars, plus seventeen thousand dollars in default interest, legal fees, and administrative collection expenses.
The total amount required to stay the sheriff's hammer was one hundred and thirteen thousand, six hundred and forty-two dollars and eighty-eight cents.
Payable in certified funds. By four o'clock on Friday, August twenty-fifth.
My mother spent that Tuesday sitting on the steps of the back porch, wearing her gardening apron over her pajamas, holding our father's silver-plated water pitcher in her lap like an injured hen.
She had called me fourteen times between seven in the morning and noon.
“Catherine, you have to talk to the judge.”
“Catherine, your father knew Judge Manning from the Masonic lodge.”
“Catherine, Shayla says she can get eighty thousand for the boat if she has three more weeks.”
I did not answer the calls.
I sat in my office on the eighth floor of the downtown building, looking out over the oak canopy of the City of Oaks toward the south, where the radio towers along the highway rose like thin gray needles into the humid sky.
On my desk sat two documents.
The first was a cashier's check drawn on the State Employees' Credit Union, made out to the Wake County Clerk of Superior Court, in the exact amount of one hundred and thirteen thousand, six hundred and forty-two dollars and eighty-eight cents.
The funds had come from my personal retirement reserve—a 401(k) account I had funded with twelve percent of every paycheck since I was twenty-four years old, supplemented by twenty thousand dollars that David had taken from his equipment line against his new service truck.
The second document was an Assignment of Note and Deed of Trust, drafted under my direction by Marcus Vance's senior chancery clerk.
Under the provisions of North Carolina General Statutes Section 45-21.16, when a co-tenant or remainder beneficiary satisfies an outstanding encumbrance to prevent the waste or judicial forfeiture of the underlying fee simple, the payor does not extinguish the debt.
The payor steps into the shoes of the lender.
The payor becomes the holder in due course.
I was no longer Arthur Bennett's younger daughter, the one who took the small room with the window that wouldn't open because Shayla needed the space for her cheerleading pom-poms.
I was the primary lienholder of the Old Mill Road property.
At two-thirty that afternoon, Shayla arrived at my office.
She did not make an appointment with the receptionist. She came through the glass double doors of the eighth-floor lobby with her purse swinging from her shoulder, her heels clicking aggressively on the gray commercial carpet, wearing a tailored navy pantsuit she had bought for her first court appearance on the forgery indictment.
Her public defender, a tired-looking young man named Miller who carried his files in an overstuffed nylon briefcase, followed two paces behind her with his hands in his pockets.
My assistant, Mrs. Abernathy, stood up behind her mahogany desk, her fingers poised over the intercom button.
"It's fine, Brenda," I said, opening my office door. "Let them in."
Shayla did not sit in the leather client chairs.
She walked straight to the window, looked down at the state capitol building through the double-pane glass, and crossed her arms.
"You think you're very clever, Cat," she said.
Her voice had that dry, raspy scrape that had come over her since the sheriff had served the felony summons at her house in front of Brooklyn's summer school bus.
"You bought the paper."
"I bought the debt, Shayla," I said, remaining behind my desk.
"With what?" she sneered, turning her head. "With the money you were saving for Eliza's little private academy in Durham?"
"With my retirement, Shayla," I said. "The money I earned while you were in Miami on my credit card."
Miller, the public defender, cleared his throat. He sat down on the edge of the leather armchair, unzipped his briefcase, and pulled out an eight-page document titled: MOTION FOR DEFERRED PROSECUTION AND RESTITUTION AGREEMENT.
"Mrs. Bennett," Miller said, his voice quiet, professional, entirely devoid of the drama that Shayla carried like cheap perfume. "The District Attorney's office has agreed to a conditional diversion under Section fifteen-A. If the full amount of the encumbrance is cleared from the title, and the defendant executes a full quitclaim of all right, title, and interest in the remainder estate to the victim, the state will dismiss the felony forgery charge without prejudice."
I looked at Shayla.
She was staring at the carpet, her jaw clenched, her foot tapping in that rapid, spastic rhythm against the leg of the visitor's chair.
"She gives up her share of Dad's house," I said.
"That's the agreement," Miller said. "She surrenders all remainder rights under the twenty-twenty will. The life estate remains with your mother, but upon Mrs. Diane Bennett's death, the fee simple absolute vests entirely in Catherine Bennett."
"And the Sea Fox?" I asked.
Shayla's head snapped up.
"The boat is Ryan's!" she shouted. "You can't touch that boat! He has twenty thousand dollars of his own labor in that hull!"
"The boat was purchased with the proceeds of a fraudulent instrument, Shayla," I said, my voice dropping into that cold, legal cellar where no air moves. "The sheriff has already seized the trailer under an attachment writ from the Wake County civil division. It's sitting in the impound yard on Garner Road."
I leaned forward, resting my forearms on the blotter.
"Here are my terms, Miller," I said, looking at the lawyer, not my sister.
"First: The quitclaim deed is signed and notarized today by an independent notary in the clerk's office on the first floor. Not by Kayla Higgins."
"Second: The Sea Fox is auctioned by the sheriff on the first Monday in September. The net proceeds will be deposited into a five-twenty-nine educational trust for Brooklyn Vance, with the State Employees' Credit Union designated as the corporate trustee. Neither Shayla Vance nor Ryan Vance will have withdrawal authority, signing capacity, or administrative oversight of that account until Brooklyn turns twenty-five."
"Third: The hammer."
Shayla blinked. The anger in her face suddenly hitched, replaced by a strange, childish bewilderment.
"What?"
"The blue Estwing sixteen-ounce," I said. "David's hammer. The one you left on my driveway after you bent my daughter's wheel."
"It's in the evidence locker," Miller stammered, looking at his notes. "The deputy took it as part of the initial property damage report—"
"You will go down to the property room at the jail," I told my sister, "you will sign the release voucher, you will carry that tool back to my house in your own hands, and you will hang it on the third hook from the left on David's pegboard."
"And if I don't?" Shayla whispered, her eyes narrow and ugly between her bleached bangs.
I picked up the cashier's check from the desk blotter.
I held it by the corner between my thumb and forefinger, letting the blue watermark from the State Employees' Credit Union catch the gray light from the window.
"If you don't," I said, "I put this check back in my briefcase. The sheriff's sale begins at ten o'clock on Friday morning. The investor from Charlotte who buys the tax certificates will purchase the home place for sixty cents on the dollar, and the District Attorney will call your case for trial in Superior Court on the second Monday of October."
I let the paper fall.
May you like
It landed on the leather blotter with a soft, clean slap.
"You have twenty minutes, Shayla," I said. "The clerk's office closes at four."